SAN DIEGO – A public corruption case in San Bernardino County is
becoming increasingly intertwined with a related lawsuit, and some
lawyers in the civil case accused the county counsel’s office of
cooperating with one of the felony defendants.

A lawyer representing the county said the allegations of
collaboration are unfounded.

At the center of both proceedings is the county’s $102 million
legal settlement in 2006 with developer Colonies Partners.

The deal ended a lengthy battle over flood-control improvements
on the company’s Upland development.

Prosecutors contend the settlement was reached through a
conspiracy involving bribery and extortion, and a grand jury
returned a 29-count indictment against Jeff Burum, Colonies’
co-managing partner, and three former county officials.

Meanwhile, the county continues to pursue a civil case against
San Bernardino Associated Governments, Caltrans and Upland in an
effort to recoup a portion of the $102 million settlement. The
county says those agencies share responsibility because of the
construction of Highway 210.

Lawyers for SANBAG, Caltrans and Upland want the civil case
delayed until the criminal trial is over.

In court Friday, a SANBAG lawyer and an assistant attorney
general said the fact that one of Burum’s lawyers and the county
counsel’s office shared information raised red flags.

John Vandevelde, one of Burum’s lawyers, contacted the county
counsel’s office last fall to coordinate information regarding
Colonies’ dispute with the county over the Upland flood-control
easement and Burum’s planned deposition in the civil case.

Assistant Attorney General Melissa Mandel, a prosecutor in the
criminal case, said she is worried about the potential for the
civil trial to help Burum’s defense.

The county’s opposition to delaying the civil trial and the
county counsel’s contact with Burum’s lawyers is “baffling,” given
that county attorneys also are cooperating with prosecutors in the
criminal case. “It is strange to say the least,” she said.

In the civil lawsuit, the county counsel’s office has argued the
settlement was reasonable, given the county’s liability for a
67-acre flood-control basin at the heart of the legal battle with
Colonies Partners.

Burum plans to use a similar argument in his defense, according
to court documents.

Mandel said she is concerned that information revealed in the
civil case could be used in Burum’s defense in the criminal
proceedings.

“What it means is the county counsel has the opportunity to
conduct discovery for Mr. Burum,” she said.

MacVey contends a 24-page letter Burum’s attorneys sent to
prosecutors contains information that made it clear defense lawyers
had discussed the case with the county.

Stephen Larson, an attorney for Burum, said Friday that
Vandevelde’s letter was sent to prosecutors and presented to the
grand jury. It outlines the reasons Burum should not be charged
with a crime.

Larson said it was sent to the county attorneys as a courtesy
and is “not a letter regarding cooperating with the county.”

Kevin Dorse, a lawyer for the county in the civil case, flatly
rejected the allegations of collaboration. He said the county has
shared all of the letters MacVey cited with lawyers for SANBAG,
Caltrans and Upland.

“There are no secrets here,” Dorse said.

Larson said the county’s civil case against SANBAG and the other
agencies should continue.

“We want the truth to come out through the legal process,” he
said. “We don’t want anything shut down.”

Also charged in the criminal case are former Supervisor Paul
Biane; Mark Kirk, a former chief of staff to Supervisor Gary Ovitt;
and Jim Erwin, a former assistant assessor who worked as a Colonies
consultant at the time of the settlement.

All have denied wrongdoing. Former Supervisor Bill Postmus has
previously pleaded guilty to related charges and is cooperating
with prosecutors.

Stephanie Baer is a general assignment reporter covering the San Gabriel Valley. Baer has written about crime, local government, politics and public health. Her reporting on flaws in Los Angeles County's restaurant grading system (http://www.sgvtribune.com/lifestyle/20150625/what-that-restaurant-letter-grade-isnt-telling-you-about-health-and-cleanliness) prompted officials to change the way they issue health grades to retail food facilities. As part of a fellowship program at USC Annenberg School for Communication and Journalism's Center for Health Journalism, she wrote an in-depth series about the dangers of blue-green algae toxins in California. (http://projects.sgvtribune.com/blue-green-algae/) A Bay Area native and UC Berkeley graduate, Baer has worked for the Chicago Tribune and the Milwaukee Journal Sentinel. She was editor-in-chief and president of her college newspaper, The Daily Californian.

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